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(영문) 창원지방법원 2019.12.19 2019나55412
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in steel materials processing and wholesale business, and B is a company engaged in steel materials cutting, saving, processing, and steel structure manufacturing.

B. The Plaintiff supplied B with iron plates equivalent to KRW 15,595,272 on July 21, 2017, and received the price for the goods.

C. On July 26, 2017, Company B filed an application for commencing rehabilitation procedures with the Changwon District Court on July 26, 2017, and the rehabilitation procedure began on August 22, 2017 under the Changwon District Court 2017 Ma10019. The representative inside director C was a legal administrator and taken over the instant legal procedure.

【Fact-finding without any dispute, Gap's 1 through 4, Eul's 1 and 2, the purport of the whole pleadings and arguments

2. According to the above facts, the defendant is obligated to pay the plaintiff the price of goods 17,180,082 won (=15,595,272 won 1,584,810 won) and damages for delay calculated at the rate of 15% per annum from August 22, 2017 to the date of delivery of the original copy of the payment order in this case to the defendant, as the plaintiff seeks, according to the plaintiff's claim, from August 22, 2017, the day following the day of delivery of the original copy of the payment order in this case to the defendant. (2) The defendant's claim for the price of goods is confirmed within the rehabilitation procedure of the debtor corporation B and the repayment is made accordingly, so the plaintiff cannot claim the payment with lawsuit. However, the plaintiff's claim for the price of goods 15,595,272 won against the goods supplied on July 21, 2017 constitutes the obligation of the debtor to claim the price of the goods under Article 1871-18.2.7

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